Dear Rob,
I'm sure you have noticed that ICANN has tried to wriggle itself into a position
where it can award .web to Afilias, or the backup position NeuStar.
I'm sure you have also noticed that ICANN has been apprised, through the comment
board and elsewhere, of the legal position they will find themselves if should follow
their original plans.
If they award .web to IOD as they should,
it will not be because they want to, it will be because they feel they are gravely
at risk and they wish to protect themselves.
Do to the original
arrangements with IANA, ICANN will still find itself defending itself on multiple
counts if they try to refuse four years of registrations.
ICANN and/or IANA could have asked IOD to stop selling registrations at any
time in the past four years, but never even hinted at it.
I cannot see ICANN, at this point, giving itself legal cover by doing the
right thing with IOD, and then leaving itself wide open again based on the registrations.
ICANN would be hard pressed to defend the taking of 20,000 registrations
which will be re-registered again within minutes after the ICANN approved official
registrar opens for business.
However, I have not yet accused
ICANN of thinking through its decisions, so you never know.
Eliahu